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91_SB0821
LRB9105737BBpc
1 AN ACT to amend the Illinois Marriage and Dissolution of
2 Marriage Act by changing Section 403.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Marriage and Dissolution of
6 Marriage Act is amended by changing Section 403 as follows:
7 (750 ILCS 5/403) (from Ch. 40, par. 403)
8 Sec. 403. Pleadings - Commencement - Abolition of
9 Existing Defenses - Procedure.)
10 (a) The petition for dissolution of marriage or legal
11 separation shall be verified and shall minimally set forth:
12 (1) the age, occupation and residence of each party
13 and his length of residence in this State;
14 (2) the date of the marriage and the place at which
15 it was registered;
16 (2.5) whether a petition for dissolution of
17 marriage is pending in any other county or state;
18 (3) that the jurisdictional requirements of
19 subsection (a) of Section 401 have been met and that
20 there exist grounds for dissolution of marriage or legal
21 separation. The petitioner need only allege the name of
22 the particular grounds relied upon, which shall
23 constitute a legally sufficient allegation of the
24 grounds; and the respondent shall be entitled to demand a
25 bill of particulars prior to trial setting forth the
26 facts constituting the grounds, if he so chooses. The
27 petition must also contain:
28 (4) the names, ages and addresses of all living
29 children of the marriage and whether the wife is
30 pregnant;
31 (5) any arrangements as to support, custody and
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1 visitation of the children and maintenance of a spouse;
2 and
3 (6) the relief sought.
4 (a-1) The petition for legal separation or for
5 dissolution of marriage shall be accompanied by a verified
6 statement of assets, liabilities, and domestic and personal
7 expenses. The statement shall be in affidavit form and
8 denominated "Domestic Relations Disclosure Affidavit". If the
9 form of the Domestic Relations Disclosure Affidavit is
10 prescribed by court rule, the Domestic Relations Disclosure
11 Affidavit shall be prepared in accordance with the court
12 rule. If the form of the Domestic Relations Disclosure
13 Affidavit is not prescribed by court rule, the Domestic
14 Relations Disclosure Affidavit shall be prepared in
15 accordance with the following provisions of this subsection
16 (a-1).
17 The statement shall set forth all required affidavit
18 information in a balance sheet, schedule, or other similar
19 graphic chart. Where the particular nature of the
20 information required does not lend itself to a balance sheet
21 or graphic chart format, it shall be identified on the chart
22 as such and reported in an attached identified appendix. All
23 appendices shall be deemed a part of the affidavit. A blank
24 copy of the affidavit and chart, to be included with the
25 service of summons upon the respondent, shall accompany the
26 filing. The statement shall identify separately all personal
27 assets and claimed or acknowledged marital assets of the
28 affiant. The respondent's entry of appearance or response
29 shall include a corresponding answer to the petition
30 affidavit, set forth in the form and style of the original
31 affidavit. The affidavits shall disclose the following
32 information:
33 (1) The name, address, and telephone number of the
34 affiant's current employer. If the affiant is
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1 self-employed, the affidavit shall so state.
2 (2) If the affiant is employed, whether the affiant
3 is paid on a weekly, bi-weekly, monthly, bi-monthly,
4 annual, or other basis, together with the number of
5 exemptions and dependents claimed.
6 (3) The affiant's gross monthly income as of the
7 date of the affidavit, broken out under the following
8 categories: salary, wages, or base pay; overtime and
9 commission earnings; bonuses; draw; pension and
10 retirement benefits; annuity income; interest income;
11 dividend income; trust income; income from social
12 security; unemployment benefits; disability payments;
13 workers' compensation benefits; Public Aid and food stamp
14 allotments; investment income; rental income; business
15 income; partnership income; royalty income; grant,
16 fellowship and stipend income; and other identified
17 income from whatever source derived, together with a
18 final figure representing the affiant's total gross
19 monthly income obtained by adding sums reported in the
20 foregoing categories.
21 (4) The affiant's estimated monthly cash flow, as
22 of the date of the affidavit, broken out under the
23 following categories: spousal support received (payments
24 received from prior judgments or support orders in other
25 actions); child support received (payments received
26 pursuant to court order or voluntary payment in this or
27 other actions), together with a final figure representing
28 the affiant's total estimated monthly cash flow obtained
29 by adding the sums reported in the foregoing categories.
30 (5) The affiant's required monthly deductions, as
31 of the date of the affidavit, broken out under the
32 following categories: federal tax (based on ....
33 exemptions); State tax (based on .... exemptions); FICA
34 (or Social Security equivalent); Medicare tax; mandatory
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1 retirement contributions required by law or as a
2 condition of employment; union dues, together with the
3 name and local of the union; health and hospitalization
4 premiums; prior obligations of support actually paid
5 pursuant to court order; expenditures for repayment of
6 debts that represent reasonable and necessary expenses
7 for the production of income, together with a statement
8 of the nature of the expenditure; medical expenditures
9 necessary to preserve life or health; reasonable
10 expenditures (itemized) for the benefit of the child and
11 the other parent, together with a final total in this
12 category obtained by adding the sums reported in the
13 foregoing categories.
14 (6) The affiant's net monthly income, determined by
15 subtracting the total required deductions from the gross
16 monthly income reported under subdivision (3).
17 (7) A statement of the affiant's net monthly living
18 expenses as of the date of the affidavit, broken out
19 under the following categories: household expenses
20 (mortgage or rent, specified as to which is applicable);
21 home equity payment; real estate taxes and assessments;
22 homeowner's or renter's insurance; heat and fuel;
23 electricity; telephone, including long distance; water
24 and sewer; refuse removal; laundry and dry cleaning; maid
25 or cleaning service expenses; furniture and appliance
26 repair or replacement; lawn, garden, or snow removal
27 expenses; food, groceries and household supplies; liquor,
28 beer, wine and similar expenses; and other specified
29 expenses under this category, together with a subtotal
30 for all claimed household expenses.
31 (8) A statement of the affiant's monthly
32 transportation expenses, as of the date of the affidavit,
33 broken out under the following categories: gasoline;
34 repairs; insurance, license, and city sticker expenses;
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1 vehicle payment or replacement expenses; alternative
2 transportation expenses; and other specified expenses,
3 together with a subtotal for all claimed transportation
4 expenses.
5 (9) A statement of the affiant's monthly personal
6 expenses, broken out into the following categories:
7 personal (clothing; grooming; physician, medical,
8 medication, dental and optical or optometrical expenses,
9 minus insurance paid or reimbursed expenses in this
10 subcategory); insurance (if life, all policies owned must
11 be specified and must be identified as either term or
12 whole; the name of the carrier or underwriter and the
13 policy or group number must be provided; and, where any
14 beneficiary change has been made from inception to date
15 of the affidavit, the names of all prior and substituted
16 beneficiaries must also be provided); medical and
17 hospitalization insurance; dental and optical; other
18 (specified) insurance, together with a subtotal for all
19 claimed insurance expenses.
20 (10) A statement of the affiant's monthly
21 miscellaneous expenses, as of the date of the affidavit,
22 including but not limited to the following miscellaneous
23 expenses: club, entertainment, and social obligation
24 expenses; expenses for newspapers, magazines, and books;
25 gifts; donations for charitable or religious purposes;
26 vacations, together with a subtotal for all claimed
27 miscellaneous expenses.
28 (11) A statement of the names and ages of the
29 affiant's dependent children, together with the affiant's
30 monthly expenses for the children, broken out into the
31 following categories: clothing; grooming; education (this
32 being further broken out into costs for tuition, books
33 and fees, lunches, transportation, and child-related
34 activities); medical expenses including expenses for
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1 doctors, dentists, optometric and optical expenses, and
2 expenses for medications, which are unreimbursed by
3 insurance; allowance; child care and after school care;
4 sitters; lessons and supplies; clubs and summer camps;
5 vacation expenses; entertainment expenses; and other
6 specified expenses, together with a subtotal for all
7 claimed miscellaneous expenses.
8 (12) A statement identifying all of the affiant's
9 liabilities, as of the date of the affidavit,
10 specifically setting forth the creditor's name, the
11 nature of the payment, the balance due, and the amount of
12 the monthly payments, together with a subtotal for all
13 claimed liabilities.
14 This portion of the affidavit shall also:
15 (A) identify separately the nature and amount
16 of all encumbrances or liens, including attorney
17 liens, known by the affiant to exist upon or against
18 disclosable personal or marital real property, or
19 upon or against assets, whether personal or marital,
20 which bear interest or pay dividends. When the lien
21 or encumbrance is evidenced by a writing, a copy of
22 the writing shall be identified and attached to the
23 affidavit as an appendix. In all instances, the
24 amount of, approximate date of, and identity of all
25 other parties to the reported transaction shall be
26 identified; and
27 (B) identify separately all encumbrances or
28 liens known by the affiant to have been placed upon
29 or against personal or marital real property assets,
30 or upon or against assets, whether personal or
31 marital, which bear interest or pay dividends,
32 within the 5 years preceding the filing of the
33 petition; and identifying all changes to, transfers
34 of, or other diversification, alteration,
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1 modification, dilution, or diminution of title to or
2 possession of those assets, known by the affiant to
3 have occurred within the 5 years preceding the
4 commencement of legal separation or dissolution
5 proceedings. The information required under item
6 (A) and this item (B) of this subdivision (12) shall
7 include a description of the reported asset, its
8 approximate fair market value as of the date of the
9 affidavit, its current location, the approximate
10 date of the lien, encumbrance, possessory or title
11 transaction or change, and the last known name and
12 address of any party (other than the affiant) now
13 believed by the affiant to have title to, or a
14 possessory, beneficial, or equitable interest in,
15 the asset which resulted from the change. Where the
16 transaction involved was accompanied by or subject
17 to a written document, a copy of that document shall
18 be attached to the affidavit as an appendix.
19 (13) A statement of the affiant's assets, wherever
20 situated, and their approximate fair market value as of
21 the date of the affidavit, including assets in or to
22 which a defendant has any title interest, beneficial or
23 equitable interest, proprietary right, right of total or
24 partial control, or possessory interest, together with a
25 subtotal for the reported assets. The statement shall
26 classify all assets separately, or otherwise identify
27 them, as claimed or acknowledged personal or marital
28 property, and shall identify the last known location of
29 the asset reported and disclose the identity of any other
30 person who has a possessory or ownership interest in the
31 asset, and the nature of that asset.
32 Disclosable assets under this subsection include:
33 (A) All real estate, including interest in
34 land trusts.
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1 (B) All savings or interest-bearing accounts,
2 or interests in or under trust instruments.
3 (C) All certificates of deposit.
4 (D) All money market accounts.
5 (E) All cash, gold, or precious metals in
6 excess of $500 or having an approximate fair market
7 value of $500 or more.
8 (F) All annuities and pension systems.
9 (G) All stocks, bonds, tax exempt securities
10 or other accounts held for investment purposes.
11 (H) All automobiles, trucks, motor homes,
12 trailers, motorcycles, or other motorized vehicles
13 having an approximate fair market value of $1,000 or
14 more.
15 (I) All art, coin, or other valuable
16 collections or antiques.
17 (J) All choses in action.
18 (14) A statement of the affiant's health insurance
19 coverage as of the date of the affidavit, broken down
20 into the following categories: whether the affiant
21 currently has health insurance coverage and the type,
22 whether medical, dental, optical, or specified other; the
23 name of the insurance carrier and policy or group number;
24 the individual and family deductible amounts; the person
25 covered (whether self, spouse, dependents, or otherwise);
26 the type of policy (HMO, PPO, or full indemnity); the
27 identity of the policy provider (employer, private
28 policy, or other group policy); and whether the monthly
29 costs are paid by the employer or by the affiant,
30 together with a separate subtotal line for health
31 insurance coverage costs expended for dependents and for
32 the affiant's personal coverage.
33 (15) A statement which recapitulates in summary
34 form the following information: the affiant's net monthly
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1 income, total monthly living expenses, the difference
2 between the net income and expenses, less monthly debt
3 service, and the total claimed income available per
4 month.
5 (16) A statement of the amount of all retainer fees
6 paid to the affiant's attorney and the nature of the fee
7 agreement or arrangement that the affiant has with the
8 attorney. When the retainer or other fee agreement is
9 accompanied by a written contract or other written
10 instrument or memorandum, a copy of that document shall
11 be attached as an appendix. The statement shall also
12 have affixed to it as an appendix legible copies of all
13 federal and State tax returns filed by the affiant within
14 the preceding 5 years.
15 The parties shall be under a continuing obligation to
16 file with the court and with each other, on not less than a
17 quarterly basis, a document disclosing the aggregate amount
18 of additional attorney's fees and costs paid or incurred in
19 the maintenance or defense of the action which have not been
20 already disclosed. The parties shall also file with the
21 court and with each other information reflecting changes in,
22 additions to, or alterations of title or asset information
23 required to be disclosed in their original affidavits for all
24 transactions in which a title or possessory change reported
25 in the original affidavit is effected, or in which a lien or
26 encumbrance having a fair market value in excess of $1,000 is
27 obtained using a previously reported asset as collateral.
28 Such disclosure shall be filed within 14 calendar days of the
29 occurrence of the transaction required to be reported.
30 (a-2) All affidavits, appendixes and information and
31 continuing disclosure documents required to be filed under
32 this Section shall be verified by the affiant who shall state
33 that the document and its appendixes have been carefully read
34 by the affiant and that the affiant states under oath, under
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1 penalties provided by law pursuant to Section 1-109 of the
2 Code of Civil Procedure and Section 32-2 of the Criminal Code
3 of 1961 that he or she has knowledge of the matters stated in
4 the documents filed, and that the statements set forth in the
5 documents are true and correct, except as to matters
6 specifically stated to be on information and belief, and that
7 the affiant believes that the matters to which he or she is
8 certifying are true.
9 (a-3) The provisions of subsections (a-1) and (a-2) do
10 not apply to Joint Simplified Dissolution Proceedings brought
11 pursuant to Part IV-A.
12 (a-4) Documents filed under subsection (a-1) are
13 confidential information for use only as a part of the
14 dissolution of marriage proceeding or the legal separation
15 proceeding. Documents filed under subsection (a-1) shall not
16 be public records.
17 (b) Either or both parties to the marriage may initiate
18 the proceeding.
19 (c) The previously existing defense of recrimination is
20 abolished. The defense of condonation is abolished only as to
21 condonations occurring after a proceeding is filed under
22 this Act and after the court has acquired jurisdiction over
23 the respondent.
24 (d) The court may join additional parties necessary and
25 proper for the exercise of its authority under this Act.
26 (e) Contested trials shall be on a bifurcated basis with
27 the grounds being tried first. Upon the court determining
28 that the grounds exist, the court may allow additional time
29 for the parties to settle amicably the remaining issues
30 before resuming the trial, or may proceed immediately to
31 trial on the remaining issues. In cases where the grounds
32 are uncontested and proved as in cases of default, the trial
33 on all other remaining issues shall proceed immediately, if
34 so ordered by the court or if the parties so stipulate, issue
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1 on the pleadings notwithstanding.
2 (f) Even if no bill of particulars shall have been filed
3 demanding the specification of the particular facts
4 underlying the allegation of the grounds, the court shall
5 nonetheless require proper and sufficient proof of the
6 existence of the grounds.
7 (Source: P.A. 90-174, eff. 10-1-97.)